Showing : 81-90 of 345 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 9, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7-- Power of State Government - Offence under SC/ST Act - State Government has power to confer power of investigation to any officer of State other than police officer...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Offence u/s 3(1)(x) - Only allegation against accused in the complaint was that he abused complainant with his caste name - No other ingredients required to constitute offence in question mentioned in the report - Moreover, at the time of incident, only accused and complainant was present and it..........
PATNA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 8(c), 18, Criminal Procedure Code, 1973, Section 438-- Bail - Bar to grant anticipatory bail - Accused allegedly caused death of deceased and assaulted informant - Parties being co-villagers are known to each other thus attract presumption u/S.8(c) of the Act - Evidence of informant and witnesses prima facie make out commission of offence - Grant of..........
PATNA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2)-- Appeal - Order granting or refusing bail - Appeal in terms of S.14-A(2) of the Act, before High Court shall lie, only against an order of Special Court or Exclusive Special Court, granting or refusing bail recorded after Amendment of Act of 2016 - Reckoning date to decide maintainability of such..........
PATNA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 14A(2)-- Order refusing bail - If passed by any other Court than the Special Court or Exclusive Special Court, established or specified under the Act after Amendment Act of 2016, in that case, only legal recourse available to accused is to move afresh for grant of bail before Special Court or Exclusive..........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 460, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2)-- Irregularities which do not vitiate proceedings - Cognizance of offence under SC/ST Act taken u/ss 190(a) or 190(b) Cr.P.C. by any other Court than the Special Court or Exclusive Special Court even after Amendment Act of 2016, shall not vitiate the proceedings at all...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x)-- Offence u/s 504 IPC and S.3(i)(x) of SC/ST Act - Appeal against acquittal - Leave to appeal - Fact of calling the first informant and his brother with caste name at public place not proved - Specific words, allegedly uttered during incident by accused or any of them not stated by PWs in their..........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14-- Bail - Only Special Court or Exclusive Special Court constituted u/s 14 of the Act has jurisdiction to entertain an application for bail with respect to offences committed under the Act...........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 14A-- Bail - Power of Court of Session and High Court in its original criminal jurisdiction to entertain an application u/s 438 or S.439 Cr.P.C. has been impliedly taken away by S.14-A of the Act - Power of High Court in the matter is only appellate jurisdiction as provided u/s 14-A(2) of the Act...........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 14-- Bail - Appeal before High Court - Lies only against an order of Special Court or Exclusive Special Court and unless there is an order of Special Court refusing bail, accused would have no right to file an appeal before High Court praying for grant of bail to them...........

Showing : 81-90 of 345 Results